HomeDivorce is the legal separation of a married couple. This legal separation is done by the court on the requisition of the couples. Divorce is mostly occurs between the couple who don’t understand each other properly or due to the presence of ego between them. There are cases in which the couples depart because of certain complex reasons. There are many phases involved in the divorce process. Discovery phase is one such phase. This article discusses about the discovery phase briefly.
The discovery phase is used to gather information from the couples. It is also a legal mechanism of gathering data. The process uses five different methods to gather data from the couple. This data helps to understand the points the parties put forth towards the trial and helps to prepare for defense. The process is though expensive, frustrating and time consuming it brings out the best points that are accepted in the court for legal divorce. The five steps of discovery phase are discussed below.
The first step is known as the disclosure. It is the process in which the parties disclose the documents they need to produce while requesting divorce. The documents may of any kind which will strengthen the argument of producing party or weaken the opposite party. In case the arguing party wants the opposite to produce certain documents they can use this step as ask them to disclose. The arguing party should always have a copy of the documents used during disclosure, this because of the fact that there are possibilities for the clerks to lose the files. Hence for the proper argument keeping the document safe is necessary.
The next step involving the discovery phase is interrogatories. This is the step in which the district attorney sends a couple of questions to the opposition party. In most of the states the list of questions is limited to a number and the time period allotted for the party to answer is thirty days.
The third step in discovery of phase of divorce is admission of facts. This step is all about directing a list of written facts to the other party of the divorce. The party who gets these facts has the right to either accept the facts or deny the facts through proper channel.
The fourth step is the request for production. The attorney makes ask for list of documents and facts to be produced by the opposing party or both the parties. These documents may involve bank statements, income statements etc, which is related to the case. The party who receives this has to the required documents without fail within thirty days. This step is somewhat hurdle towards the divorce process since human mind always avoids disclosing the personal details in public.
The fifth and final step in discovery phase of divorce is depositions. In this step the district divorce attorney takes sworn testimony for the opposition party of the divorce and also forms witness who ever are involved in the case.
